Bombay High Court
Jainam Plast vs Marico Limited And Anr on 18 January, 2022
Author: N. J. Jamadar
Bench: N. J. Jamadar
Tandale 20-IA-3318-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 3318 OF 2021
IN
COMMERCIAL IP SUIT (L) NO. 26707 OF 2021
Jainam Plast ... Applicant
(Orig.Defendant No.3)
In the matter between :-
Marico Limited ... Plaintiff
Versus
Ashok Kumar and Ors. ... Defendants
....
Mr. Pankaj Shah a/w Mr. Harshad Inamdar, for the Applicant/Defendant
No.3.
Mr. Vinod Bhagat a/w Ms.Prachi Shah and Mr. Karan Khiani i/b. G. S.
Hegde and V. A. Bhagat, for the Plaintiff.
CORAM : N. J. JAMADAR, J.
DATE : 18th JANUARY, 2022
(THROUGH VIDEO CONFERENCING)
P.C.:
1. Heard the learned counsel for the parties.
2. Liberty granted to the plaintiff to tender an affidavit-in-reply in the Court.
3. This application has preferred by the defendant No.3, who is the sole proprietor of M/s. Jainam Plast, where the infringing bottles were found to have been manufactured.
4. Interim reliefs are granted by this Court by an order dated ...1/4 Tandale 20-IA-3318-2021.doc 24th November 2021 in terms of prayer clauses (a), (b), (c), (e) and (f) excluding bracketed portion of clause (f) of the Interim Application (L) No.26713 of 2021.
5. The said order has been executed. During the course of which, the Court Receiver has seized the machinery, as particularized in the Court Receiver's Report dated 20th December 2021.
6. The applicant/defendant No.3 has preferred this application for the following reliefs :-
"(a) Pending the hearing and final disposal of the present suit, the Hon'ble Court be pleased to direct the Ld. Court Receiver to release the four machines stated in the report dated 02/12/2021 and further remove the seal on the machines and allow the Applicant to use the same;"
7. The applicant / defendant no.3 has filed further affidavit- cum-undertaking dated 6th January 2022. Thereby the defendant No.3 has given undertakings, inter alia, as under :-
"2. I say that the alleged moulds/dye sealed by the Ld. Court Receiver on 2/12/2021 in my factory premises was brought to me by Mr. Chandrakant Gholap. Thus I am not the owner of the alleged moulds/dye sealed by the Ld. Court Receiver.
3. That I further undertake that I will not use the said moulds/dye or any other moulds/dye similar to the product of the Plaintiff hereafter on my machines. Thus it is humbly requested to the Hon'ble Court to release my machines sealed by the Ld. Court Receiver....2/4
Tandale 20-IA-3318-2021.doc
4. I further undertake that I will not use the machinery in my factory to manufacture any product similar to the Plaintiff's product or which is in the nature infringing the Plaintiff's product."
8. Since the defendant No.3 has made a statement that he is not the owner of alleged moulds/dye seized by the Court Receiver and has specifically undertaken that he will not use the machinery in the factory to manufacture any product similar to the plaintiff's product or any other product which infringes the plaintiff's product, Mr. Bhagat, the learned counsel for the plaintiff submits that the plaintiff has no objection to return the machines provided the moulds/dye used for manufacturing the infringed products are handed over to the plaintiff on Superdari, and subject to the undertakings given by the defendant no.3 as above.
9. Since the defendant No.3 has categorically undertaken not to use the machinery in the factory to manufacture any product similar to the plaintiff's product or which is in the nature of infringing the plaintiff's product, no purpose would be served by detaining the machines.
10. Hence the Interim Application stands allowed in terms of prayer clause (a), extracted above, subject to the undertaking as at para Nos.2 to 4, extracted above.
11. The undertakings given in the affidavit are accepted as the undertakings to the Court.
...3/4
Tandale 20-IA-3318-2021.doc
12. The Court Receiver is directed to remove the seal on the machines and handed over those machines to the defendant No.3. The Court Receiver is also directed to hand over moulds/dye, found and seized at the said premises, as mentioned in the Court Receiver's Report dated 20th December 2021, to the plaintiff's representative on Superdari.
13. Interim Applications stands disposed of.
(N. J. JAMADAR, J.) Digitally signed by MANOJ R MANOJ R TANDALE TANDALE Date:
2022.01.20 11:53:54 +0530 ...4/4